USA v. William Irey, No. 08-10997 (11th Cir. 2009)

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This opinion or order relates to an opinion or order originally issued on March 30, 2009.

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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 08-10997 FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT August 12, 2009 THOMAS K. KAHN CLERK UNITED STATES OF AMERICA, Plaintiff-Appellant, versus WILLIAM IREY, Defendant-Appellee. -------------------------On Appeal from the United States District Court for the Middle District of Florida -------------------------(Opinion March 30, 2009, 563 F.3d 1223, 11th Cir. 2009) (August 12, 2009) BEFORE: DUBINA, Chief Judge, TJOFLAT, EDMONDSON, BIRCH, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges*. B Y T H E C O U R T: A member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The previous panel's opinion is hereby VACATED. ___________________ *Senior United States Circuit Judge James C. Hill has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. ยง 46(c).

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